EB2 NIW - National Interest Waiver

We specialize in EB2 NIW petitions with a 99% approval rate for qualified applicants.

An EB-2 NIW is arguably the most desirable Green Card path for qualified applicants, as it bypasses the need for an employment sponsor and allows the applicant to self-petition based on their educational and professional accomplishments.

The other desirable feature of an EB-2 NIW is that the processing time to receive a Green Card for most applicants is very quick.

USCIS Premium processing for an EB-2 NIW is 45 days or less.

How to qualify for an EB-2 NIW

To qualify for an EB-2 NIW there are stringent requirements - some of the requirements are non discretionary, and some are subjective.

Here are the EB-2 NIW requirement guidelines

1. A foreign national must have an advanced degree or exceptional ability.
   
2. The foreign national's proposed endeavor must have substantial merit and national importance.
   
3. The foreign national must be well positioned to advance their proposed endeavor.
   
4. On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification.

By focusing on these arguments we can present a compelling case for your EB-2 NIW application, and we're here to help guide you through the entire process.

Requirement #1 - A foreign national must have an advanced degree or exceptional ability.

What is an Advanced degree?

An advanced degree is any U.S. academic or professional degree, or a foreign equivalent degree above that of baccalaureate.

A beneficiary can satisfy the advanced degree requirement by holding either a:

a. U.S. master's degree or higher, or a foreign degree evaluated to be the equivalent of a U.S. master's degree or higher; or

b. U.S. bachelor's degree, or a foreign degree evaluated to be the equivalent of a U.S. bachelor's degree, plus 5 years of progressive, post-degree work experience.

What is Exceptional Ability?

The term exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. 

To qualify for Exceptional Ability, the petitioner must include at least three of the following six types of evidence listed in the regulations:

1. An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
2. Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full­ time experience in the occupation in which he or she is being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
5. Evidence of membership in professional associations; and
   
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

Requirement #2 - The foreign national's proposed endeavor has both substantial merit and national importance.

Your proposed endeavor is an extremely important consideration in the EB-2 NIW preparation process, and it will likely determine whether your petition will be approved by USCIS provided you meet "Requirement #1"

It is critical that your endeavor is well thought out and prepared by professionals that understand the USCIS guidelines and requirements, or you run the risk an RFE (Request For Evidence) that you may not be able to overcome, or a denial.

Requirement #3 - The foreign national is well positioned to advance the proposed endeavor.

In evaluating whether the person is well positioned to advance the endeavor, USCIS considers factors including, but not limited to:

1. The person's education, skills, knowledge, and record of success in related or similar efforts;
   
2. A model or plan that the person developed or played a significant role in developing, for future activities related to the proposed endeavor;
   
3. Any progress towards achieving the proposed endeavor;
   
4. The interest or support garnered by the person from potential customers, users, investors, or other relevant entities or persons, and;
   
5. Evidence of the person's past achievements and corroborate projections related to the proposed endeavor.

Requirement #4 - it would be beneficial to the United States to waive the requirements of a job offer and labor certification.

The petitioner must demonstrate that the factors in favor of granting the waiver outweigh those that support the requirement of a job offer and labor certification, which is intended to

ensure that the admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. 

We need to create a strong argument for why you should be exempt from the usual job offer and labor certification processes. 

Here are some acceptable reasons:

1. Urgency Matters: Is there an immediate need related to public health or safety that would make it crucial for you to bypass the usual process?
   
2. Unique Skils: Aer you bringing a skill or knowledge that's beyond the basic requirements for your job, and is this uniqueness something that the regular process might overlook?
   
3. Economic Benefits: Can your work lead to significant economic growth, like boosting the economy in a particular area?
   
4. Job Creation: Will your efforts potentially create new jobs?